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2oioos437 <br />Lender providing for such ternunation or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Martgage Insurance reimburses I,ender (or any entity that purchases the Note) for certain losses it may incur <br />if Borrower does not repay the I..oan as agreed. Barrawer is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share ar modify their risk, or reduce losses. These agreernents are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer ta make payrnents using any source of funds that the moRgage insurer <br />nnay have available (which may include funds abtained frorn Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the rnartgage insurer's risk, or reducing lasses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in �xchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the araounts that Sorrower has agreed ta pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe <br />for Mortgage Ynsurance, and they will not entitle �orrower ta any refund. <br />(b) Any such agreements rvill not affect the rights Borrawer has - if any - with respect to the Mortgage <br />Insurance under the Homeowners Protection Act oP 1998 or any other law. These rights may include the right <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiwns <br />that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to L,ender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoratinn or repair of the Praperty, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until L.ender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall be undertaken promptly. I..ender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />I,aw requires interest to be paid an such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration ar repair is not econpmically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Praceeds shall <br />be applied in the order provided for in S�ction 2, <br />In the event of a total taking, destruction, or loss in value of the Praperty, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrunnent, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a parti�l taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />af the surns secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Praperty immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value af the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />or not the sums are then due. <br />If the Property is abandoned by Borrawer, or if, after notice by Lender to Borrower that the �pposing Party (as <br />defined in the next sentence) offers ta rnake an award to sectle a claim for damages, Borrower fails ta respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property ar to the sums secured by this Security Instrument, whether <br />or not then due. "Opposing Parry" rneans the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or crirninal, is begun that, in Lender's <br />judgment, could result in forfeiture of thc Property or other material impairment of Lender's interest in the Property <br />or rights under this Security Instrum�ent. Borrower can cure such a default and, if acceleration has occurred, reinstate <br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Property or other nnaterial impairment of Lender's interest in the Property or <br />rights under this Security Instrument. The proceeds of any award or clairn for damages that are attributable to the <br />impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoratian or repair of the Property shall be applied in the <br />order prpvided for in Section 2. <br />12. Borrawer Not Released; Forbearance By Lender Not a Waiver. �xtension of the time for payment or <br />modification of amortization of the sums secuxed by this Security Instrument granted by Lender to Borrower or any <br />NEBRASICA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagic � aaasas-�ssz <br />Form 3028 1/01 Page 6 of 1 1 www.docmag/c.com <br />Ne3028.dot.xml <br />